Judge backs medical marijuana firing

The ACLU says it will appeal a ruling upholding the firing of Joseph Casias for using medical marijuana./ AP PHOTOS

GRAND RAPIDS, Mich.—The American Civil Liberties Union said it will appeal a ruling by a federal judge who found that Wal-Mart Stores Inc. does not have to accommodate employees who are legally registered to use medical marijuana.

The case involves Joseph Casias, a 2008 associate of the year at a Battle Creek, Mich., Wal-Mart store who was fired after he tested positive for marijuana use following a knee injury.

Mr. Casias was legally registered to use marijuana to treat pain associated with an inoperable brain tumor and cancer. But he did not ingest the drug at work, according to the ACLU.

In 2008, voters passed the Michigan Medical Marihuana Act, which the ACLU claims protects workers like Mr. Casias. But U.S. District Court Judge Robert J. Jonker said the law doesn't mandate that businesses accommodate employees.

The Feb. 11 ruling came after a recent finding by a Michigan magistrate, who said neither an employer nor the employer's workers compensation insurer is required to pay for medical marijuana that is reasonably necessary to treat an injured worker.